Mohd. Muzaffaruddin Mahmood Khan v. The State Of Telangana

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.40469 of 2015 ORDER:

The present writ petition is filed questioning the order of the Joint Collector, Ranga Reddy District, in Case No.F1/5009/2013, dated 06.12.2014, whereby the Occupancy Rights Certificate granted in favour of the writ petitioners in Form-III No.IC/310/75, dated 18.04.1981, was set aside. The said Occupancy Rights Certificate holders have filed the present writ petition and the same is coming up for hearing at the admission stage.

2. Mr. E. Madan Mohan Rao, learned counsel appears for the contesting 5th respondent Caveator.

3. Both the learned counsel represented that pending this writ petition, the parties have settled their mutual disputes and thereby the 5th respondent seeks to withdraw his challenge to the Occupancy Rights Certificate of the petitioners. Accordingly, the W.P.M.P.No.52481 of 2015 was filed seeking to record the compromise between the petitioners and the 5th respondent. However, since there cannot be a compromise in a writ petition, the said application was not accepted by this Court. Thereafter, today, when the matter is taken up, the learned counsel for the 5th respondent confirms that he agrees to withdraw the challenge to the Occupancy Rights Certificates granted to the petitioners and withdraw his appeal on the basis of which the impugned order was passed. The affidavit, therefore, seeks to withdraw the appeal.

4. Both the learned counsel for the parties as well as the parties-in-person are present into the Court and confirm the arrangement and the 5th respondent confirms that the appeal before the Joint Collector be dismissed as withdrawn, whereby consequently, the impugned order will be set aside.

5. In view of the above, since there is no contest by the 5th respondent, the appeal which was disposed of under the impugned order itself shall stand dismissed as withdrawn and consequently, the impugned order of the Joint Collector, dated 06.12.2014, shall stand set aside.

The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________________ JUSTICE VILAS V.AFZULPURKAR 22nd December, 2015 KL THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

WRIT PETITION No.40469 of 2015 22nd December, 2015

KL